4 Benefits of Mediating, Rather than Litigating, Your Divorce, Custody and Support Matters
March 9, 2023
Mediation, which is becoming increasingly well-known and widely accepted, allows divorcing spouses, who wish to avoid litigation, the opportunity to work together to resolve issues relating to their divorce in a neutral and confidential environment. Parties can mediate all issues relating to their divorce and/or separation, including a division of assets and debts, child support, alimony, as well as child custody. Although mediation may not be a realistic option for every divorcing couple, those who decide to utilize the process quickly realize its benefits.
1. Creative Resolutions Can Be Reached:
Just like individuals, each divorce and its circumstances are unique. Traditional litigation and the use of court intervention can create outcomes that neither party is happy with. Mediation encourages the parties to think outside of the boundaries of typical court resolutions and find solutions that make sense in their lives.
2. Mediation Can Save Money:
As most people know, the court process can be very costly. Between discovery requests, protracted negotiations, motions, pretrial statements and trial preparation, the costs can add up quickly. Successful mediation avoids all of these additional costs. While attorneys are often still used through the mediation process, their roles are frequently significantly lessened, resulting in cost savings for the parties.
3. Preservation of Relationships:
Mediation encourages the parties to voice their concerns, work together, and maintain a healthy relationship through the divorce process. This preservation of the relationship becomes especially important for parties with children who will be required to continue to communicate or at least amicably coexist for the sake of their children. Working together through the divorce process allows spouses to learn how to facilitate friendly relations not just during the divorce process, but also in the years to come.
4. Mediation Can Be Faster:
The decision to seek a divorce can cause emotional and financial stress for both parties. Unfortunately, if the parties cannot agree, the court process often strings out this stress for months or even years. Mediation takes a holistic view of the matters at issue and works to ensure resolutions are reached at an efficient pace. As a result, mediation can save years of emotional and financial turmoil for the parties, allowing them to start the new chapter of their lives sooner.